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16. M{�cellaneous Provisions ` �/$- 1��3144
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<br /> - (e) Bonower Not Relsat�d. Extenaion of the time for payment or modificatio� of tha sums secured by this Deed of Trust granted
<br /> by Lendar to liny�f��essoran interest of Bor►owa►ahall not operate to releese, in a�y manner, the liability of the oriyinal Borrower
<br /> and Borrower's successore in interest. Lender shall not ba required to commence proceedings apainst such aucceasor o� refuse to
<br /> axtend time for payment or otharwiae modify amortization of the sums aecured by thia Deed of Trust by reason of any demanda
<br /> made by tha original Borrower end Borrower's auccessors in interest.
<br /> Ib)LMd�r's Powers. Without affectinp the liability of any other peraon liable for the payment of any obligation herein mentioned,
<br /> and without effectinp the lien or charge of this Deed of Trust upon eny portion of the Property not then or theretofore released as
<br /> aecurity fo� the full amount of all unpaid obligationa, lender may, from time to tima end without notice (i) releesa any peraon eo
<br /> liable, (ii)extend the maturity or aher eny of the terms of eny such oblipatione, (iii) yrent other indulgences, (iv) release or reconvey,
<br /> or ceuse to ba released or reconveyad at any tima at Lender's option eny parcel,portion or.all.of:LheProperty,,(v�taka or releasa eny
<br /> other additionel eacurity for any oblipation herein mentioned, or (vi) maka compositioha or othe� acranpementa�,with debtora in
<br /> relation theroto. ; , ,,r . , '
<br /> (c) Forb�arsnc� by Lendsr Not �Waiver. My forbearance by Lender in exe►cisinp any right or re�9dy�hereunder, or otherwise
<br /> afforded by applicable law, shall not be a waiver of or preclude tha axerciae of any euch ripht o� remedy. The procurement of
<br /> insurance or the peyment of taxea or other lians or cherpes by Lender ehall not be e waivar of Lender'8 ripht to accelerate tha
<br /> meturity of the indobtednesa secu�ed by this Deed of Trust.
<br /> (d) Succe�sors and Aasiyns Bou�d; Joint and S�veral Uability; Caption�. Tha covenants and agreaments harein containad shall
<br /> bind, and the riphts hereunder shall inure to, the respeotive succassors and aeaipna of Lender and Trustor. All covenants and
<br /> apreements of Truetor ahall be joint end several. The captione and headinps of the parapraphe of this Daod of Trust are for
<br /> conveniance only and are not to be used to interpret o�define the provisions heroof.
<br /> (e) R�quett for Notics�. The parties heraby request that a copy of any notice of default he�eunder and a copy of any notice of
<br /> sale hereunder be mailed to each party to thia Oeed of Trust at the addresa set forth above in the manner prescribed by epplicable
<br /> lew. Except for any othar notice required undar applicable lew to ba yiven i� enother manner, any notice provided for in thie Dead of
<br /> Trust ahall be piven by mailinp such notice by certified mail addresaed to the other parties, at the address aet forth above. My
<br /> notice providad for in this Deed of Trust shall be effective upon mailing in the manne�desiflnated herein. If Truator is more than one
<br /> parson,notice aent to the address set forth ebove shall be�otice to all such persons.
<br /> (f) Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that
<br /> Lender shall yive Trustor notice prior to eny auch inspection apecifying reasonable cause therefor related to Lender's intereat in the
<br /> Property.
<br /> (g) Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey the
<br /> Property end ahall aurrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of T�ust to Trustee.
<br /> Trustee shall reconvey the Property without warranty and without charpe to the person or persona legally entitled thereto. Truator
<br /> shall pay all costa of recordation, if any.
<br /> (h) Per�onal Prope►ty;Security Ayreement. Aa additional aecurity for the peyment of the Note,Trustor hereby grants lender'under
<br /> the Nebraska Uniform Commercial Code a security intereat in all fixtures, equipment, and other peraonal property uaed in connection
<br /> with the real estate or improvements located thereon, and not otherwise declared or deemed to be a part of the real eatate secured
<br /> hereby. This inatrument shall be construed as a Security Agreement under said Code, and the Lender shal) have all the rights and
<br /> remedies of e aecured party under said Code in addition to the rights and remedies created under and accorded the Lender pursuant
<br /> to this Deed of Trust; p�ovided that Lender's rights and remedies under this paragraph shall be cumulative with, and in no way a
<br /> limitetion on, Le�der's rights and remedies under any other security agreement signed by Borrower or Trustor.
<br /> (i) Li�n• and Encumbra�css.'Trustor hereby warrents and represents that there is no default under the provisions of any
<br /> mortyage, deed of trust, lease or purchase contract describing all or any part of the Property, or other contract, instrument or
<br /> egreement constituting a lien or encumbrance egainst all or any part of the Property (collective, "Liens"), existing as of the date of
<br /> this Deed of Trust, and that any end all existing Liena remain unmodified except as disclosed to Lender in Trustor's written
<br /> diacloaure of liens and encumbrancea provided for herein. Trustor shall timely perform all of Trustor's obligations, covenants,
<br /> representations end warranties under any and all existinp and future Liens, shall promptly fbrward to Lender copies of all notices of
<br /> default sent in connection with eny and all exiating or future Liena, a�d shall not without Lender's prior written conaent in eny
<br /> manner modify the provisions of o�allow any future advances under any existing or futu►e Liens.
<br /> (j) Application of Payments. Unless otherwise required by law, sums paid to Lender hereunder, including without limitation
<br /> paymenta of principal and interest, insurance proceeds, condemnation proceeds and rents and profits, shall be applied by Lender to
<br /> the amounts due and owing from Trustor and borrower in such order as Lender in its sole discretion deems desirable.
<br /> (K) Ssvsrability. If any provision of this Deed of Truat conflicts with applicable law or is decla►ed invalid or otharwise
<br /> unenforceable, such conflict or invalidity shall not affect the other provisions of this Deed of Trust or the Note which can be given
<br /> effect without the conflicting provision, and to this end the provisions of this Deed of Trust and the Note are declared to be
<br /> aeverable.
<br /> (1)Tsrm�.The terms "Trustor" and "Borrower" shall include both singular and plural, and when the Trustor and Borrower are the
<br /> same pereon(s1,those terms as used in this Deed of Truat shall be interchangeable.
<br /> (m) Governiny Law.This Deed of Trust shell be governed by the lawa of the State of Nebraska.
<br /> Trustor has executed this Deed of Trust as of the date written above.
<br /> DWGLAS M 8 VICTORIA WESTERBr
<br /> ` � ' V
<br /> DOUG A RBY Trustor VICTORIA YESTERBY
<br /> Trustor
<br /> Trustor �
<br /> Trustor
<br /> Ttuator
<br /> Trustor
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